Pasadena Products, Inc

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IN Tile MATTER OF PASADENA PRODUCTS, INC.

. . . . COMPLAINT, FINDINGS, AND ORDER IN REGARD TO THE ALLEGED VIOLATION OF SEC. 5 OF AN ACT OF CONGR;IJ:SS, AP~ROVED SEPT. 26, 1914 Doclcet 3945. Complaint,• Nov.{ 1'18; 1939-Decision, Feb. 11,• 1948 Where a corporation, engaged in interstate sale and distribution of its·"Sal-Ro- . Cin" medicinal preparation containing analgesics .acetylsalicylic acid and acetphenetidin .which give temporary relief from pain associated with such conditions as neuritis, sciatica, arthritis, neuralgia, and headaches; through advertisements In newspapers and periodicals, circulars and other matter," and radio broadcasts- Failed to reveal facts material with respect to the consequences which might result from tl~e use of said "Sal-Ro-Cin" under prescribed or usual conditions, In that the drug acetphenetidin, when used in excessive doses or over a long period of time, causes tissue suffocation accompanied by toxic manifestations, and may cause damage to su~h organs as the liver, kidney, and spleen. and produce circulatory failure; anti persons s·uffering from pain might take preparation ln excessive doses or continuously over long periods with result· ing possible injury to health; ' Wtll effect of misleading and dP.ceiving a s~bstantial portion of ,t.lle pm;chasing public into the mistaken belief that said preparation was not injurious, and of causing its purchase thereof by reason of such mistaken belief: ' Held, That such acts and 11ractices, under-r the circumstances set forth, were all to the prejudice and injury of the public, and constituted unfair and deceptive. nets and practices in commerce.

Before Mr. John P. Bramhall, Mr. Randolph Preston, and Mr. Edward E. Reardon, trial examiners. ;

Mr. Charles S. Oow and Mr. Robt. N. McMillen for the Commission. Ticknor & Maxwell, of Pasadena, Calif., for respondent. ' 'I Co:m>LA.INT Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the l!'ederal Trade Commission having reason to believe that Pasadena Products, Inc., a corporation, hereinafter referred to as respondent, has violated the provisions of the said act, and it appearing to the Commission that a procecJ.ing by it in respect thereof would be in the public interest, hereby issues its complaint, statin·g its charges in that respect as follows:

I) ARAORAPII 1. Respondent, Pasadena Products, Inc., is a corpora., tion, organized and existing and doing business under and by virtue of the laws of the State of California and having its principal office and place of business at 300 North Lake A venue, Pasadena, Calif. FEDERAL TRADE COJHWSSION DECISIONS196 Complaint 3t)F. T. C. The respondent is now, and has been for more than 3 years last past, engaged in the sale and distribution of a medicinal preparation designated "Sal-Ro-Cin" in commerce among and between the various States of the United States and in the District of Columbia. Respondent causes said preparation, when sold~ to be transported from his aforesaid place of business in the State of California to purchasers thereof at their respective points of location in various States of the United States other than the State of California, and in the District of Columbia.

Respondent maintains~ and at all times mentioned herein has maintained a course of trade in said medicinal preparation in commerce among and between the various States of the United States and in the District of Columbia.

PAR. 2. In the course and conduct of its aforesaid business, the respohdent has disseminated and is now disseminating~ and has caused and is now causing the dissemination of, false advertisements concerning its said preparation by United States mail~ by insertions in newspapers and periodicals having a general circulation, and also. in circulars and other printed or written matter, all of which are distributed in commerce among and between the various States of the United States, and by continuities broadcast from radio stations which have sufficient power to, and do, convey the programs emanating therefrom to listeners located in various States of the United States other than the State in which said broadcasts originate, and by other means in commerce, as_ "commerce"'" is defined in the Federal Trade Commission Act, for the purpose of inducing, and which are likely to induce, directly or indirectly~ the. purchase of its said preparation; and has disseminated and is now disseminating, and has caused and is now causing the dissemination of~ false advertisements euncerning its said preparation, by various means, for the purpose of inducing, and which are likely ·to induce, directly or indirectly, the purchase of its said preparation in commerce as "commerce" is defined in the Federal Trade Commission Act. Among and typical of the false statements and representations contained in said advertisements, disseminated and caused to be disseminated, as aforesaid, are the following:

FOR RHEUJIIATISM TRY THIS I'REII:. TEST Sufferers of Neuritis, Sciatica, Muscular Rheumatism, Lumbago and Neuralgia will welcome Sal·Ro-Cin. This California product contalus ingredients which bring quick relief from excruciating pains which accompany these dreaued aliments. It you are sutrerlng and wlsh ta enjoy restful sleep, fl"ee from ngoniz- PASADENA PRODUCTS, INC. 197 195 Complaint lng pain, go to the -------------- and receive A Free Trial package of this amazing preparation. Sal-Ro-Cin sells for 35¢ at all good druggists. Sal-Ro-Cin tablets will give satisfactory results to those who suffer the pains of rheumatism, neuralgia, and neuritis • • • try Sal-Ro-Cin tablets free of charge, • • • • • • we will gladly mail you a liberal free sample of SAL-lto-CIN TABLETS,

FOR NEURITIS PAINS Make This 25¢ Test Sufferers 'Of pains associated with Neuritis, Arthrltls, Muscular Rheumatism, or Lumbugo will welcome SAL-Ro-CIN. This California product contains ingredients which aid in bringing relief from the excruciating pains which often accompany these ailments. We suggest, If you are suffering such pains which probably often prevent restful sleep, you go to your druggist and get a 25¢ package of SAL-Ro-Crn. Money back if not delighted.

Sal-Ro-Cin is recommended for the relief of Muscular Aches and PAINS and MUSCULAR LUMBAGO, NEURALGIA, HEADACHES and IIE.U> Colds. PAR. 3. Dy use of the representations hereinabove set forth in paragraph 2 and other representations -similar thereto, not specifically set forth herein, the respondent represents that its medicinal preparation "Sal-Ro-Cin" is a competent and effective treatment for rheumatism, neuritis, sciatica, arthritis, muscular rl1eumatism, lumbago and neuralgia, headaches and head colds, and that said product will bring relief from pains accompanying· these ailments; that the use of said preparation will "free" such person from pain; that the use of said product will enable one to sleep; that respondent will mail anyone requesting a liberal free sample of Sal-Ro-Cin tablets. PAR. 4. In truth and in fact said ]Jreparation is not a competent and effective treatment. for rheumatism, neuritis, sciatica, arthritis, mu::;cular J·heumatism, lumbago, and neuralgia and headaches, and head colds, and said preparation will at best, bring only palliative relief from pains accompanying these ailments. The use of said preparation will not "free" such persons from pain and the use of said product will not enable one to .sleep. Respondent will not mail free .a liberal sample of Sal-Ro-Cin tablets or any other quantity of samples of Sal-Ro-Cin tablets to anyone requesting the same, but makes a charge for such samples as are -sent. PAR. 5. The advertisements diss£>minated by respondent, as aforesaid, are also false in that said advertisements fail to reveal that the use of said preparation under the conuitions prescribed in said advertisements, or under .such conditions as are customary and usual, may result in serious injury to the health of the user. Dy reason of the presence of acetphenetidin, an acetanilid derivative, in respondent's preparation, the indiscriminate use of such Findings 3BF.T.C.

preparation when continued over long pet·iods may result in chronic acetanilid intoxication of the user, and may cause blood changes principally in the red blood cells, destroying the oxygen-carrying properties and replacing them with methemoglobin and paraamidolphenol. Continued use of said preparation may result in a visceral degeneration of the liver, spleen, and kidneys with a varied train of symptoms, cyanosis, anemia, and circulatory and rcRpiratory depression.

PAR. 6. The use by the respon<lent of the foregoing false, deceptive, and misleading advertisements with respect to its preparation disseminated as aforesaid has had, and now has, a capacity and tendency to, and <loes, mislead and deceive a substan6al portion of the purchasing public into the erroneous and mistaken belid that said advertisements are true and that respondent's preparation is not injurious to the health of the user and induces a portion of the purchasing public, because of such erroneous and mistaken belief, to purchase respondent's medicinal preparation.

PAR. 7. The aforesaid acts and practices of the respondent as herein alleged are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce within the intent and meaning of the Federal Trade Commission Act. , REPOnT, l?INDINGS AS 1·o THE FACTA, AND Onder Pursuant to the provisions of the Federal Trade Commission Act, the Federal Trade Commission on November 8, 1939, issued and subsequently served its complaint in this proceeding upon the respondent, Pasadena Products, Inc., a corporation, charging it with the use of unfair and deceptive acts and practices in commerce in violation of the provisions of said act. After the issuance of said complaint and the filing of respondent's answH thereto, testimony and. other evidence in support of, and in opposition to, the allegations of said complaint were introduced. before trial examiners of the Commis.sim~ thtretofore duly designated by h, and. said testimony and other evidence were duly recorded and. filcJ in the office of the Commission. Thereafter, this proceeding regularly came on for final hearing before the Commission upon said complaint, answer thereto, testimony, nnd other evidence, report of the trial examiners upon the evid.cn('e, and briefs filed in support of the complaint and in opposition thereto (oral argument not having been requested); an<l the Commission, having ·duly considered the matter and. being now fully advised in tlte ·premises, finds that this proceeding is in the interest of the public and makes this its findings as to the facts and its conclusion drawn therefrom.

PASADENA PROI?,UCTS, INC. 199 195 Findings FINDINGS Aa TO THE FACTS PARAGRAPH 1. Respondent, Pasadena Products, Inc., is a corporation, organized and existing under and by virtue of the laws of the State of California and having its pincipal office and place of business at 300 North Lake AYenue, Pasadena, Calif. The respondent is now, and for several years last past has been, engaged in the sale and distribution of a medicinal preparation designated "Sal-Ro-Cin" in commerce among and between the various States of the United States and in the District of Columbia. Uespondent causes said product, when sold to be transported from its aforesaid place of business in the State of California, to purchasers thereof located in various uther States of the United States. Respondent maintains, and at aU times mentioned herein has maintained, a course of trade in said medicinal preparation in commerce among and between the various States of the United States and in the District ·of Columbia. PAR. 2. In the course and conduct of its aforesaid business, the respondent has disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerning its said preparation by United States mail, by insertion in · newspapers and periodicals having a general circulation and also in circulars and other printed or written matter, and by continuities broadcast from radio stations having sufficient power to convey the programs enamating therefrom to listeners located in various States of the United States other than the State in which said broadcasts originate, and by various other means in commerce as "commerce" is defined in the Federal Trade Commission Act; and respondent has also disseminated and is now disseminating, and has caused and is now causing the dissemination of, false advertisements concerni11g said preparation "Sal-Ro-Cin" by various means for the purpose of inducing, and which are likely to induce, directly or indirectly, the purchase of said preparation in commerce as "commerce" is defined in the Federal Trade Commission Act.

PAR. 3. The advertisements disseminated and caused to be disseminated as hereinabove set forth are false in that they fail to reveal bets material with respect to the consequences which may result from the use of respondent's preparation, "Sal-llo-Cin," under the con· tlitions prescribed in said advertisements or under such conditions as are customary or usual.

Respondent's preparation is in tablet form, each tablet containing the following ingredients: · Ael'tphenetl<lln ------------------------------------------ 2'h gr. Acetylsalleyllc acid-------------------------------------- 3'h gr. Catrelne Alkaloid_______________________________________ Jh gr. Order 3()F. T. C. The ingredients actylsalicylic acid and acetphenetidin are analgesics which give temporary relief from the symptoms of pain associated with such conditions as neuritis, sciatica, arthritis, neuralgia, and headaches. The drug acetphenetidin, when used in excessive doses or over a long period of time, is absorbed into the blood stream and affects the ability of the blood cells to exchange oxygen and carbon dioxide at a normal rate, causing tissue suffocation accompanied by toxic manifestations, and may cause damage to certain organs of the body such as the liver, kidney, and spleen and may produce circulatory failure. Neither the advertising nor the labeling of this product contains any warning against excessive or long-continued use of this preparation. Persons suffering from pain might have a tendency to take this preparation in excessive doses or over long-continued periods of time, which might result in injury to health. PAn. 4. The use by respondent of the foregoing false advertisements with respect to its preparation disseminated as aforesaid, has had, and now has, a capacity and tendency to, and does, mislead and deceive a substantial portion of the purchasing public into the erroneous and mistaken belief that respondent's preparation is not injurious to the purchasing public and, because of such erroneous and mistaken belief, to purchase respondent's medicinal preparation. CONCLUSION The .aforesaid acts and practices of the respondent as herein found are all to the prejudice and injury of the public and constitute unfair and deceptive acts and practices in commerce in violation of the Federal Trade Commission Act.

ORDER TO CEASE AND DESIST This proceeding having been heard by the Federal Trade Commis- F.ion upon the complaint of the Commission, answer of the respondent, testimony anu other evidence taken before trial examiners of the Commission theretofore duly designated by it, in support of the allegations of said complaint and in opposition thereto, r~port of the trial examiners upon the evidence, and briefs filed in support of the complaint nnd in opposition thereto; and the Commission having made its findings as to the facts and its conclusion that said respondent has violated the provisions of the Federal Trade Commission Act. It is ordered, That the respondent, Pasadena Products, Inc., a corporation, its officers, representatives, agents, and employees, directly or through any corporate or other device in connection with the oflering for sale, sale, or distribution of its preparation known as "Sal-Ro-Cin," PASADENA PRODUCTS, INC. 201 195 Order or any other preparation of substantially similar composition or possessing substantially similar properties, whether sold under the same name or under any other name, do forthwith cease and desist from directly or indirectly :

1. Disseminating or causing to be disseminated any advertisement by means of United States mails or by any means in commerce as "commerce" is defined in the Federal Trade Commission Act which advertisement fails to reveal that the frequent or continued use of respondent's preparation "Sal-Ro-Cin," may be dangerous and should not be taken in excess of the dosage recommended of one to two tablets two to four times daily: P11ovided, ho,wever, That if the directions for use, wherever they appear, on the label, in the labeling, or both on the label, and in the labeling, contain a warning of the potential dangers in the use of said preparation as hereinabove set forth, such advertisement need contain only the precautionary statement, "CAUTION: Use Only as Directed."

2. Disseminating or causing tobe disseminated any advertisement by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase in commerce as "commerce" is d~fined in the Federal Trade Commission Act, of said preparation "Sal-Ro-Cin" which advertisement fails to reveal facts material with respect to the consequences which may result from the use of respondent's preparation as required in paragraph 1 hereof. It is further ordered, That the respondent shall, within 60 days after service upon it of this order, file with the Commission a report in writting, setting forth in detail the manner and form in .which it has complied with this order.

5~S713--43--vo1. 36----16 .202 FEDERAL TRADE COMMISSION DECISIONS Complaint 3(lF, T. C.